Scot Wilson, Author at Close Up Foundation

Enforcing Social Distancing & Wearing Masks

Posted on May 27, 2020January 15, 2024 by Scot Wilson

In order to combat the spread of COVID-19, people are making many changes in their habits and routines. Two central recommendations of public health officials are that people remain socially distant¹ by staying six or more feet from people and avoiding non-essential trips outside the home, and that people wear masks when in public.² This has raised questions about the government’s authority to impose social distancing and mask restrictions, as well as the rights and responsibilities of business owners to protect their employees and customers.

In some cities and towns, the government has attempted to enforce social distancing and mask wearing with sometimes troubling results. For example, in New York City, the epicenter of the pandemic in the U.S. for several weeks, police arrested at least 40 people for failing to wear masks or practice social distancing. Of those 40 people, 35 were black, reigniting concerns over racial disparities in the policing.³ As city officials in New York and other communities consider new ways to enforce public health regulations, some cities try novel approaches. For example, in Clearwater, Florida, the city is employing civilian ambassadors to walk the beaches and remind people of social distancing guidelines.⁴

WATCH: Americans Celebrate Memorial Day Amid Coronavirus Pandemic (CBS News)

Many people are upset by the social distancing guidelines and efforts to enforce them. There have been anti-shutdown protests in many states across the country and around the world⁵, including armed protests at the state capitol in Michigan.⁶ While such protests are constitutionally protected, the very act of protesting may be spreading the virus.⁷ Those who are upset at efforts to enforce public health measures have come into conflict with people, such as grocery store, retail, and restaurant employees who are responsible for enforcing their employers’ policies.

WATCH: Face Mask Rules Lead to Violent Confrontations

These challenges are straining our society in new ways, raising questions about the authority of government, the rights of individuals, and the meaning of the common good. In a future post, we will examine the ways in which the definition of freedom is being contested in these times.

Discussion Questions

What are some reasons that people might have to insist on not wearing masks in public places?
Should stores and other establishments be allowed to ban people who do not wear masks or follow social distancing guidelines?
How should local governments encourage people to follow public health guidelines? Should police be involved to issue fines and make arrests? If not, why not? What other mechanisms do communities have?
What role do we all have in preventing the spread of the virus?
Should governments have the authority to enforce public health guidelines? Why or why not?

Further Resources:

Can businesses refuse to serve customers who don’t wear masks? (from KIRO-7, Seattle’s ABC News affiliate)
“6 Feet People!!!!” When Petty Neighbors Become Social Distancing Police (from Slate)
Top 10 Excuses Offered For Not Wearing Masks Despite Covid-19 Coronavirus (from Forbes.com)
Reopening Sparks The Debate About Who Should Enforce Social-Distancing Rules (from NPR)

Sources

Featured Image Credit: Mike Hewitt, Getty Images via Forbes.com

[1] Centers for Disease Control and Prevention.

[2] Centers for Disease Control and Prevention.

[3] New York Times: https://www.nytimes.com/2020/05/07/nyregion/nypd-social-distancing-race-coronavirus.html

[4] National Public Radio: https://www.npr.org/2020/05/15/857144397/police-back-off-from-social-distancing-enforcement

[5] Vox.com: https://www.vox.com/2020/5/20/21263919/anti-lockdown-protests-coronavirus-germany-brazil-uk-chile

[6] BBC.com: https://www.bbc.com/news/world-us-canada-52496514

[7] The Guardian: https://www.theguardian.com/us-news/2020/may/18/lockdown-protests-spread-coronavirus-cellphone-data#maincontent

Executive Privilege and the Supreme Court

Posted on May 18, 2020September 8, 2023 by Scot Wilson

Last week, the Supreme Court heard arguments in two cases involving President Donald Trump’s tax returns and financial records, Trump v. Mazars and Trump v. Deutsche Bank. During the 2016 election, then-candidate Trump broke with tradition and refused to release many of his financial records and tax returns. The president is suing his accountants and banks to prevent them from releasing his personal financial information to Congress. President Trump claims that executive privilege protects him from releasing any of this information to Congress; attorneys for the House of Representatives argue that executive privilege does not apply here.¹ So, what is executive privilege and why is it in dispute?

Executive Privilege: Defined as Being Ill-Defined

Executive privilege is commonly defined as “shielding the president from having to disclose some internal executive branch communications.”² However, as soon as anyone tries to define what communications count as privileged, there is often disagreement, some of which is likely political in nature and depends on the party occupying the executive branch.

The system of checks and balances makes the issue murkier. Since executive privilege is usually cited in disputes between two branches of government, the legislative and executive, the judicial branch tries to avoid weighing in so as not to favor one branch over the other. As a result, most guidance on executive privilege comes not from judicial rulings but from Department of Justice memoranda, which can be interpreted differently and modified with each new administration.³

Historical Use of Executive Privilege

The two most famous Supreme Court cases dealing with executive privilege are United States v. Nixon and Clinton v. Jones. In Nixon, President Richard Nixon claimed that executive privilege protected him from having to release the Watergate tapes to the special prosecutor. In a 8-0 decision, the Supreme Court ruled against the president on the basis that criminal activity was under investigation, which directly spoke to the president’s duties as chief executive.⁴

In Clinton v. Jones, executive privilege was invoked to stop President Bill Clinton from having to testify in relation to a sexual harassment accusation brought against him from before he was president. The Court also ruled against Clinton and established that activities prior to assuming the office of president were not protected.⁵

What Is In Dispute This Time?

If the Supreme Court has already ruled that activity prior to assuming the office of president is not protected, then why is there an unsettled question in these cases? In both United States v. Nixon and Clinton v. Jones, the legislative branch was not directly involved.

President Trump’s attorneys and other legal scholars argue that it is inappropriate for the judicial branch to rule on a dispute between two other co-equal branches of government, and that executive privilege is necessary to prevent Congress from burdening the president with legal battles. They argue that it is unclear why Congress is seeking the president’s financial information; particularly in the absence of a criminal charge, there is no standing to compel the president to release the information. Finally, they argue that the motives of the Democrat-controlled House are political, and that the chamber seeks to compel the president to release his records specifically to hurt his chances of reelection in November.⁶

The case being made by the House is that executive privilege has already been ruled as not absolute, that it only protects information related to the performance of presidential responsibilities, and that if the Supreme Court were to rule in favor of President Trump, it would unacceptably limit the oversight duties that Congress is supposed to have over the executive branch as part of the system of checks and balances. The House has also argued that the records it is seeking do not belong to the president but to Mazars and Deutsche Bank, which have both agreed to obey the subpoena.⁷

Discussion Questions

Should there be a law requiring presidential candidates to release their tax returns and financial statements?
Should the president have special protections, like executive privilege, that are not shared by individuals outside of the executive branch?
What, if any, information should a president be allowed to keep private?
Some argue that the importance and the highly political nature of the president’s role necessitate special privileges and protections, so political opponents cannot unfairly prevent the president from his/her duties. Others argue that for the very same reasons, the president should be subject to a higher standard and have the same protections as, or even fewer protections than, average citizens. What do you believe?

Sources

Featured Image Credit: Old Town Crier: https://oldtowncrier.com/2019/11/30/executive-privilege-and-impeachment/

[1] Washington Post: https://www.washingtonpost.com/outlook/2020/05/11/congress-trump-could-both-be-losers-supreme-court-this-week/

[2] SCOTUSblog: https://www.scotusblog.com/2019/10/executive-privilege-congress-subpoena-power-and-the-courts-a-brief-overview-of-a-complex-topic/

[3] Ibid.

[4] Portland Press Herald: https://www.pressherald.com/2020/05/13/the-conversation-historic-power-struggle-between-trump-and-congress-reviewed-by-supreme-court/

[5] SCOTUSblog: https://www.scotusblog.com/2019/10/executive-privilege-congress-subpoena-power-and-the-courts-a-brief-overview-of-a-complex-topic/

[6] Lawfare: https://www.lawfareblog.com/oral-argument-summary-supreme-court-hears-trump-financial-documents-cases

[7] Ibid.

Racial Equity and COVID-19

Posted on May 12, 2020October 24, 2023 by Scot Wilson

The ongoing COVID-19 pandemic is stressing our healthcare system, our economy, and parents trying to teach their children at home. It is also highlighting significant COVID-19 racial disparities in access to quality health care.

According to an April survey conducted by the Pew Research Center, Black, and Hispanic people are more likely than white people to know someone who has been seriously impacted by the virus.¹ In New York City, the epicenter of the outbreak in the United States for several weeks, the mortality rate from the COVID-19 was twice as high among Black and Hispanic people than the rate among white people.²

There have been similar patterns in Chicago,³ Milwaukee,⁴ and Louisiana.⁵ The Centers for Disease Control and Prevention (CDC) highlights several major reasons for the disparities. These include:

Neighborhood and Physical Environment: Members of racial and ethnic minorities are more likely to live in communities with less access to groceries and other basic goods, and therefore have to rely on public transportation. They are also more likely to live in densely populated communities and in multi-generational households.
Work Circumstances: In major urban centers, “essential” workers are more likely to be members of racial and ethnic minorities. People who work in these settings have more chances to be exposed to COVID-19 because these types of jobs require frequent or close contact with the public, involve activities that cannot be done from home, and may lack benefits such as paid sick days.
Underlying Health and Health Care Conditions: Racial and ethnic health disparities related to COVID-19 are also caused by a disproportionate lack of access to quality health care, health insurance, and/or linguistically and culturally responsive healthcare.⁶

Learn more about the connection between residential segregation and health

In addition to these structural issues that the CDC highlights, some argue that racism itself is partially to blame. A recent study indicates that racism in medical school may influence whether newly graduated doctors go to work in underserved communities.⁷ Furthermore, microaggressions—subtle expressions of racism and bias that people of color face in their daily lives—lead to stress and have an impact on health outcomes, according to recent research.⁸

Clearly, the disparities that we are seeing in the impacts of COVID-19 and Black and Hispanic communities are not new. However, it is possible that the pandemic will give these issues new attention and help them gain an increased sense of urgency. The roots of this problem run deep and connect to many other issues facing the United States.

Discussion Questions

Did it surprise you to learn that the health impacts of COVID-19 are different by race? Why or why not?
How high a priority should it be to address these issues during the outbreak?
How high a priority should it be after the outbreak?
What kinds of solutions would you propose to address the issues described here?

Sources

Featured Image Credit: AP PHOTO/BEBETO MATTHEWS

[1] Pew Research Center: https://www.people-press.org/2020/04/14/health-concerns-from-covid-19-much-higher-among-hispanics-and-blacks-than-whites/?utm_source=AdaptiveMailer&utm_medium=email&utm_campaign=20-04-14%20COVID%20Personal%20Health_GEN%20DISTRO&org=982&lvl=100&ite=5966&lea=1326331&ctr=0&par=1&trk=

[2] New York City Health Department: https://www1.nyc.gov/assets/doh/downloads/pdf/imm/covid-19-deaths-race-ethnicity-04082020-1.pdf

[3] National Public Radio: https://www.npr.org/sections/coronavirus-live-updates/2020/04/06/828303894/in-chicago-covid-19-is-hitting-the-black-community-hard

[4] U.S. News & World Report: https://www.usnews.com/news/best-states/new-york/articles/2020-03-27/milwaukees-black-community-hit-hard-by-coronavirus

[5] CNN: https://www.cnn.com/2020/04/06/health/us-coronavirus-updates-monday/index.html

[6] Centers for Disease Control and Prevention: https://www.cdc.gov/coronavirus/2019-ncov/community/health-equity/racial-ethnic-disparities/index.html

[7] The Nation’s Health: http://thenationshealth.aphapublications.org/content/49/8/E30

[8] Center for Health Journalism: https://www.centerforhealthjournalism.org/2017/11/08/how-racism-and-microaggressions-lead-worse-health

Calm or Chaos: The Role of the Media During a Crisis

Posted on May 5, 2020January 3, 2024 by Scot Wilson

As the COVID-19 2020 news headlines continue to dominate, the American public is facing an onslaught of information about the pandemic. Social and traditional media are covering developments, spreading opinions, and broadcasting statistics about COVID-19. There has been a strong association between coronavirus media coverage and an increase in public attention on the virus itself and in web searches for such terms as “N95” face masks.¹ The role of media in the COVID-19 pandemic is significant in shaping public behavior, so as we head into the next phase of the pandemic, journalists and the general public are being forced to consider what role the media should assume moving forward.

Some people complain that the media is biased and that it is difficult to find neutral sources of information.²In addition, misinformation about the COVID-19 pandemic continues to run rampant on social media.³ This climate of mistrust and misinformation can lead to real-world problems, amplified by crisis situations: empty shelves, shortages of vital goods, and racism towards people of Asian descent.⁴

Some say that the 24-hour news cycle is becoming a place where too much information, delivered all at once, creates challenging threads for the American public to untangle in order to get an accurate understanding of the progression of the virus.⁵ This cycle has the negative effect of drowning out the voices and advice of public health officials.⁶ There are also some news sources that characterize potential vaccines and treatments for the virus in ways that create a false sense of security.⁷

However, there are journalists who have done crucial reporting on what President Donald Trump has said, and how, at times, his comments have contrasted with comments from experts at the Centers for Disease Control and Prevention and the World Health Organization. There has been an analysis that puts U.S. news in the context of the greater global outbreak of the virus.⁸ And there has been news that criticizes the U.S. response to the coronavirus and offers solutions on the basis of what other countries have done and what leading experts and academics recommend. However, the problem still remains: there is no certainty during this time due to a lack of discrete medical analysis, medical testing, and length of experience with COVID-19.

We also see some media coverage that aims to unify the country during the pandemic. News stories and op-eds have called for citizens to stay home, volunteer, and donate to organizations that support front-line healthcare workers and those in need.⁹ Local news agencies, individuals, and even TV show franchises have taken on the task of inspiring national unity and promoting hope, including former President George W. Bush and the cast of “Parks and Recreation,” showing that “Americans across the country are making their own decisions for our collective well-being.”¹⁰

Some news sources and media outlets play these roles simultaneously, sending mixed signals and making it difficult to get the most accurate information and analysis. Scientists and experts are also struggling with this phenomenon because they are still trying to learn and make sense of something they have never seen before.¹¹ This requires all of us to be critical consumers of media; it also raises questions about the responsibilities and roles of news outlets.

Discussion Questions:

What is your level of engagement with the news and media during the COVID-19 pandemic?
What do you believe should be the role of media during a crisis situation like the pandemic?
Do you believe that national media outlets should have coordinated with each other, as well as with the federal government, to have a similar targeted response to covering COVID-19?
During a crisis, should the media trust and amplify messages from government officials, or be skeptical of those messages?
With the pandemic taking place during the build-up toward a presidential election, do you believe that COVID-19 headlines and coverage is being heavily influenced by the current political climate of the United States? Why or why not?

Other Resources:

To engage with your class about the reliability of the news, please see our virtual lesson plan on Five Questions to Identify Reliable Media Content.
To engage with your class about the construction of media and its biases, please see our virtual lesson plan on Constructing Media Bias.

Sources

Featured Image Credit: Dan Simon/CNN

[1] Real Clear Politics: https://www.realclearpolitics.com/articles/2020/03/02/media_coverage_and_coronavirus_panic_what_the_numbers_show_142539.html

[2] Gallup: https://news.gallup.com/poll/225755/americans-news-bias-name-neutral-source.aspx

[3] PBS Newshour: https://www.pbs.org/newshour/show/the-dangerous-global-flood-of-misinformation-surrounding-covid-19

[4] The Bulletin: https://thebulletin.org/2020/03/coronavirus-coverage-where-the-media-have-gone-wrong/

[5] Ibid.

[6] Ibid.

[7] The Bulletin: https://thebulletin.org/2020/03/coronavirus-coverage-where-the-media-have-gone-wrong/

[8] U.S. News & World Report: https://www.usnews.com/news/best-countries/articles/2020-02-07/how-the-global-media-covered-stories-about-the-coronavirus-outbreak

[9] Real Clear Politics: https://www.realclearpolitics.com/articles/2020/03/02/media_coverage_and_coronavirus_panic_what_the_numbers_show_142539.html

[10] New York Times: https://www.nytimes.com/2020/05/03/us/politics/george-w-bush-coronavirus-unity.html; Variety: https://variety.com/2020/tv/news/parks-and-rec-reunion-special-covid-19-1234588655/; The Atlantic: https://www.theatlantic.com/ideas/archive/2020/03/inspiring-galvanizing-beautiful-spirit-2020/608308/

[11] Vox: https://www.vox.com/recode/2020/4/13/21214114/media-coronavirus-pandemic-coverage-cdc-should-you-wear-masks

Should States Continue to Shelter in Place or Begin to Reopen?

Posted on April 28, 2020January 31, 2023 by Scot Wilson

As COVID-19 has spread across the country and the globe, most U.S. states have taken to issuing shelter-in-place orders to help “flatten the curve.” As of April 20, 42 states, the District of Columbia, and Puerto Rico had asked residents to stay at home. However, over the past two weeks, there has been an increase in protests against these orders, with some governors considering reopening their states for the sake of the economy.¹

For additional information on stay-at-home orders, check out this breakdown from the New York Times.²

There is a growing fear across many states that continuing to ask residents to stay at home will doom small businesses, force people into poverty, and cause irreparable damage to the economy. Some Americans have argued that they are being denied their liberties, including the freedoms to utilize public areas, to conduct business, and to buy items as they please.³ As a result of these protests, state government officials have begun considering their options for reopening their respective states.

In Georgia, one of the last states to implement a shelter-in-place order, Governor Brian Kemp is beginning to allow businesses to reopen despite warnings from health experts and President Donald Trump.⁴ Governor Kemp has stated that although there could still be a rise in COVID-19 cases in the state, Georgia is now more prepared to handle the medical demands and to reopen certain institutions.⁵

Other states, including Tennessee and South Carolina, are also beginning to implement phased reopenings with certain restrictions on the capacity of stores and large gatherings. Still other states, such as Louisiana and Illinois, hope to reopen sooner rather than later, but they stress the importance of establishing strict guidelines before making decisions that could harm the public.⁶

As some states begin to reopen and others consider phased reopening plans, there are states that are moving in the opposite direction by extending their stay-at-home orders indefinitely. Governor Phil Murphy of New Jersey has stated that there needs to be a “14-day trend of reduced cases before any reopening could take place.”⁷ Hawaii Governor David Ige has also warned that if public spaces open up too early, it will undo Hawaii’s progress in containing the virus.

As state leaders attempt to determine what is best for their residents in the face of this global pandemic, the status of shelter-in-place orders—and the level of outbreak and public protest—will continue to change and attract nationwide interest.

Discussion Questions:

What shelter-in-place orders, if any, have been issued in your state?
Do you think states should begin to reopen? All states? Some states? No states? Explain your answer.
What do you think is most important for state leaders to consider regarding reopening their states?
What businesses, if any, do you think should be the first to reopen in your state?
Do you think everyday life will be the same after COVID-19? Why or why not?

Sources

Featured Image Credit: AP Photo/Paul Sancya

[1] Fox News: https://www.foxnews.com/us/coronavirus-shutdown-what-states-have-protested-against-stay-at-home-orders

[2] New York Times: https://www.nytimes.com/interactive/2020/us/coronavirus-stay-at-home-order.html?login=email&auth=login-email

[3] Ibid.

[4] CNN: https://www.cnn.com/2020/04/27/us/coronavirus-reopenings/index.html

[5] CNN: https://www.cnn.com/2020/04/20/politics/georgia-brian-kemp-reopen-businesses-coronavirus/index.html

[6] Ibid.

[7] Fox 6 Now: https://fox6now.com/2020/04/27/nj-stay-at-home-order-continued-indefinitely/

Revisiting the Minimum Wage

Posted on April 23, 2020November 23, 2022 by Scot Wilson

Inequality has been a central issue of the 2020 presidential campaign, with many of the candidates including economic and income equity as major elements of their message.¹The COVID-19 outbreak has also placed economic inequality in the spotlight. While many professionals and white-collar workers are able to work from home, employees in the service industry are either continuing to work or going without pay.²

For additional background on COVID-19 and inequality, see our posts about the virus’ impact on homeless people and the initial impact of the outbreak.

In this atmosphere created by the outbreak and a presidential election, legislation to raise the federal wage is receiving renewed attention. The current federal minimum wage is $7.25 per hour, or $2.13 per hour for people who are largely paid in tips.³ However, 29 states and the District of Columbia currently have a higher minimum wage than the federal requirement.⁴

Legislation regarding COVID-19 is dominating the congressional agenda at present, but the minimum wage debate may again come to the forefront as the public health crisis subsides and the election heats up. One bill, the Raise the Wage Act, has passed in the House of Representatives; you can track its progress in the Senate here.

To foster greater understanding and deliberation, we have created a more detailed explanation of a minimum wage bill and the arguments for and against that bill. For the high school version, click here. For the middle school version, click here.

Discussion Questions

Do you or does anyone you know work a minimum wage job?
Do you believe that inequality is a problem in the United States? Why or why not?
Has your town or state created a minimum wage that is higher than the federal minimum?
Do you believe the federal minimum wage should be increased? Why or why not?
Do you think this issue is better handled nationally or at the state level? Explain your reasoning.

Sources

Featured Image Credit: Joe Castro/AAP

[1] Politico: https://www.politico.com/2020-election/candidates-views-on-the-issues/economy/income-inequality/

[2] Bloomberg: https://www.bloomberg.com/news/articles/2020-03-21/covid-19-divides-u-s-society-by-race-class-and-age

[3] U.S. Department of Labor: https://webapps.dol.gov/elaws/faq/esa/flsa/002.htm?_ga=2.135727985.132402296.1587567308-523200938.1587567308

[4] National Conference of State Legislatures: https://www.ncsl.org/research/labor-and-employment/state-minimum-wage-chart.aspx

Should Congress Be Allowed to Vote Remotely?

Posted on April 14, 2020January 30, 2023 by Scot Wilson

Due to the ongoing COVID-19 pandemic, 42 states—along with Puerto Rico and Washington, D.C.—have issued stay-at-home orders, effectively barring at least 316 million Americans from going out unless absolutely necessary.¹ While essential businesses and services remain open, many workers now find themselves working from home. Considering the circumstances, should Congress also be allowed to vote remotely?

The Constitution requires each chamber of Congress to have a quorum (a majority of members present) in order to conduct business, but it does not state that the members need to be physically present for the procedure of voting.² However, this is a rule that was adopted by both the House of Representatives and the Senate over 200 years ago, as the chambers each have the authority to create and follow their own procedural rules.

In March, freshman Representative Katie Porter (D-Calif.) wrote a letter to House leadership requesting a temporary change to the rules to allow senators to vote remotely during this national emergency.³ Nearly 70 of Porter’s colleagues signed the letter in support of her request. “Unfortunately, during such circumstances, requiring Members to vote in person may pose public health risks or even be physically impossible for persons under quarantine,” wrote Porter. “We need to provide a mechanism through which Congress can act during times of crisis without having to assemble in one place.”⁴

Supporters of remote voting echo Porter’s concerns for safety. Four representatives and one senator have already tested positive for the virus, while other lawmakers have self-quarantined after coming into contact with a confirmed case.⁵ The demographics of Congress are also reason for concern, as older people are at higher risk of severe sickness due to COVID-19. According to the Congressional Research Service, 66 senators are over 60 years old, and the average age of a representative is 57.6 years.⁶ Some senior members are in their eighties. Members travel to Capitol Hill from all corners of the country and come into contact with many people in order to do their jobs. They should be practicing the same measures ordered by their states and recommended by the Centers for Disease Control and Prevention.

Remote voting could ensure that all members of Congress—even if quarantined—get to cast their votes while protecting the safety of their colleagues, staff members, families, and constituents. Senator Dick Durbin (D-Ill.) agrees. “There was a time when physical presence was the only way to make sure that a person was present and voting,” he said. “I think that technology gives us other options and we better exercise them.”⁷

However, Congress has a reputation for being slow to change, and there is a strong bipartisan consensus among congressional leadership that the House and Senate should not rush to adopt remote voting. Speaker of the House Nancy Pelosi (D-Calif.) voiced her disapproval during a private meeting, and Senate Majority Leader Mitch McConnell (R-Ky.) told reporters, “We’ll not be doing that. There are a number of different ways to avoid getting too many people together.”⁸ Instead, they suggest other measures to protect members, including extending the window of time for voting and limiting how many members can be on the floor at any given time. “We will deal with the social distancing issue without fundamentally changing Senate rules,” said McConnell.⁹

Both Democrats and Republicans on Capitol Hill are already using conference calls and larger meeting rooms to limit unnecessary contact and follow social distancing guidelines.¹⁰ Congress has never allowed remote voting before, so the body lacks the technological infrastructure that would be necessary to ensure a reliable and secure system. This unprecedented process would be costly and require an extensive amount of time to develop and perfect. Some worry that remote voting could lead to a deeper partisan divide, as fewer face-to-face interactions between members of different parties could mean less discussion and compromise.¹¹ There are also concerns that such a practice could lead to a loss of productivity among members and weaken Congress’ overall effectiveness as an institution.

Outside the nation’s capital, state legislatures are implementing their own versions of remote voting, with the New Jersey Assembly allowing its members to phone in to vote for the first time in the state’s history.¹² As Congress continues to debate supplemental bills for COVID-19 relief, it will surely continue to discuss the issue of remote voting as well.

Discussion Questions:

Which arguments do you think are strongest for allowing Congress to vote remotely?
Which arguments do you think are strongest for not allowing Congress to vote remotely?
What is your personal belief when it comes to remote voting? Why?
As American life and major institutions continue to change and adapt during this outbreak, how important is it to maintain traditions such as deliberating and voting in person?
What are some things that you expect will not “go back to the way they were” after social distancing is over?

Sources

Featured Image Credit: Win McNamee/Getty Images

[1] New York Times: https://www.nytimes.com/interactive/2020/us/coronavirus-stay-at-home-order.html

[2] FiveThirtyEight: https://fivethirtyeight.com/features/could-congress-vote-remotely-maybe-will-it-probably-not/

[3] Politico: https://www.politico.com/f/?id=00000171-084e-d8c8-a7f3-daff8a7a0000

[4] Ibid.

[5] CNN: https://www.cnn.com/2020/03/19/politics/coronavirus-test-positive-lawmakers-list/index.html

[6] NBC: https://www.nbcnews.com/politics/congress/anxiety-aging-congress-spreads-along-coronavirus-n1152851

[7] Associated Press: https://apnews.com/babc89d36b8cba4907b2520353692a8d

[8] The Hill: https://thehill.com/homenews/senate/488073-mcconnell-rejects-remote-voting

[9] Vox: https://www.vox.com/policy-and-politics/2020/3/18/21185412/congress-vote-remotely-coronavirus-katie-porter

[10] The Hill: https://thehill.com/homenews/senate/488073-mcconnell-rejects-remote-voting

[11] FiveThirtyEight: https://fivethirtyeight.com/features/could-congress-vote-remotely-maybe-will-it-probably-not/

[12] NorthJersey.com: https://www.northjersey.com/story/news/new-jersey/2020/03/25/first-ever-phone-vote-nj-assembly-coronavirus-relief/5080933002/

Postponed Presidential Primaries and the Pandemic

Posted on April 7, 2020June 2, 2021 by Scot Wilson

With COVID-19 dominating both the headlines and the realities of everyday life in the United States, it can be hard to remember that we are in the midst of a presidential primary with a general election only seven months away.

The State of the Race

A little over a month ago, former Vice President Joe Biden surged to frontrunner status with a series of victories on March 3, winning 10 out of the 14 primaries held on Super Tuesday.¹ By the following Tuesday, March 10, most remaining major candidates had withdrawn from the race, essentially creating a contest between Biden and Senator Bernie Sanders (I-Vt.). Biden was victorious in all six states that day.²

Between the March 10 and March 17 primaries, the novel coronavirus began to impact the nation more severely, fueling a debate over whether or not states should continue to hold primary elections. Arizona, Illinois, Florida, and Ohio were slated to hold primaries, but Ohio Governor Mike DeWine (R) postponed his state’s primary until April 28,citing concerns about public safety.³ Arizona, Illinois, and Florida went forward with their primaries and Biden emerged victorious in all three races.⁴ The last primary results released before the publishing of this article were for the Democrats Abroad Primary, resulting in the first Sanders victory since Super Tuesday.⁵At present, Biden holds 1,217 delegates to Sanders’ 914 delegates (1,991 delegates are needed to win the Democratic nomination).⁶

Primary Postponements

Sixteen states and territories have postponed their primaries, as more states issue stay-at-home orders and cases of COVID-19 continue to appear.⁷ In response to concerns over public gatherings and the delay in the primaries, the Democratic National Committee has rescheduled the Democratic National Convention to August 17, over a month later than originally planned. Observers have also begun to speculate over whether the party will hold an in-person convention at all, and to what extent it could be retooled into a virtual event should quarantines continue through the summer.⁸

What’s To Be Done?

States cannot delay their primaries indefinitely; all contests must be complete in time for the convention. June is usually the last month in which primary voting occurs; thus far, no state has scheduled its postponed primary beyond June 23.⁹ If social distancing orders remain in effect, voting by mail may be the only viable option. However, few states are currently equipped to switch to a vote-by-mail system. Voting by mail is also much slower, prone to oversights, and presents logistical challenges when not conducted properly.¹⁰

Some Democratic Party officials, political strategists, and voters have also questioned why Senator Sanders remains in the race.¹¹ Currently, the political forecasting site FiveThirtyEight.com places Biden’s chance of winning the nomination at more than 99 percent; Sanders has less than a 0.1 percent chance, falling slightly below the chances of no one winning.¹² However, even if Sanders were to drop out (and effectively decide the race for the Democratic presidential nomination), there are many other competitive primary contests for Congress and state/local offices that require voter input.¹³

Finally, questions surround the implications of a sustained pandemic on the general election. For one, the general election cannot be postponed as easily as primaries. According to the Constitution, only Congress has the ability to decide when the presidential election takes place. The current date is set by law, meaning that Congress would have to pass an entirely new law to change that date.¹⁴

Beyond this, there are two additional confounding factors. For one, the general election has never been postponed before.¹⁵ Second, the Constitution states that a new president must be sworn in no later than January 20, meaning that one way or another, the election must be held and results tabulated by that date.¹⁶ Changing these rules would require a constitutional amendment, which involves a lengthy process that requires even more voting. On top of that, the time period that elapses between the proposal and ratification of an amendment has historically ranged from a little over three months on the short end to almost 203 years.¹⁷

Discussion Questions

Do you think states should proceed with in-person primaries even if the COVID-19 pandemic continues into June?
Should all states use a vote-by-mail system?
What alternative solutions could states put forward to better ensure that people remain safe but also have their votes counted?
Some have speculated that the alternative voting methods being put forward in the wake of the COVID-19 pandemic could jeopardize the legitimacy of elections. What steps could states and the federal government take to put people at ease about the legitimacy of the 2020 election?

Sources

Featured Image Credit: https://www.nytimes.com/2020/03/15/us/politics/biden-sanders-debate-recap.html

[1] Politico: https://www.politico.com/2020-election/results/super-tuesday/

[2] CNN: https://www.cnn.com/politics/live-news/march-10-2020-primary-results/index.html

[3] New York Times: https://www.nytimes.com/2020/03/16/us/politics/virus-primary-2020-ohio.html

[4] Washington Post: https://www.washingtonpost.com/elections/election-results/march-democratic-primaries-live-results/

[5] NBC News: https://www.nbcnews.com/politics/2020-primary-elections/democrats-abroad-results

[6] Associated Press: https://interactives.ap.org/delegate-tracker/

[7] New York Times: https://www.nytimes.com/article/2020-campaign-primary-calendar-coronavirus.html

[8] ABC News: https://abcnews.go.com/Politics/biden-2020-convention-virtual-wear-mask-public-amid/story?id=69971828

[9] New York Times: https://www.nytimes.com/article/2020-campaign-primary-calendar-coronavirus.html

[10] NPR: https://www.npr.org/2020/03/24/820232540/as-coronavirus-delays-primary-season-states-weigh-expanding-absentee-voting

[11] Politico: https://www.politico.com/news/2020/04/05/bernie-sanders-path-to-victory-165161

[12] FiveThirtyEight.com: https://projects.fivethirtyeight.com/2020-primary-forecast/

[13] The Atlantic: https://www.theatlantic.com/politics/archive/2020/03/coronavirus-campaign/608713/

[14] New York Times: https://www.nytimes.com/2020/03/14/us/politics/election-postponed-canceled.html

[15] Ibid

[16] The Guardian: https://www.theguardian.com/us-news/2020/apr/04/us-2020-presidential-election-coronavirus-future

[17] Lexis Nexis: https://www.lexisnexis.com/constitution/amendments_factoids.asp

Homeless People and the COVID-19 Pandemic

Posted on March 26, 2020September 10, 2022 by Scot Wilson

The novel coronavirus, COVID-19, is affecting every American and people all over the world, but it does not affect everyone equally. The more than 500,000 Americans who are homeless are especially vulnerable—due to age, lack of access to health care, underlying medical conditions, and lack of access to information and news—and also pose a risk in terms of continuing to spread the virus.¹

Outreach workers for homeless agencies and nonprofits across the country are attempting to spread the word about the effects of the COVID-19 pandemic among the nation’s homeless population. However, they are rarely able to offer hygiene supplies or other necessities along with the news. The scarcity of supplies, such as hand sanitizer, masks, and tests, is impacting many Americans, but it can affect homeless people even more deeply, as they are often the last to receive such necessities in normal times.²

Currently, it is mayors and city government officials who are largely addressing the crisis among the homeless population. Jersey City, for example, is offering showers, meals, and hygiene kits to its homeless population. “We have witnessed how COVID-19 has had a devastating impact around the world on all of us, but when you think of those who have the least in society, they are even more vulnerable during this crisis,” said Jersey City Mayor Steven Fulop.³

Other cities have not been as prepared. In Houston, for example, when a homeless man tested positive for COVID-19, he was released back onto the streets before city officials, charitable organizations, and homeless advocates could find him a shelter.⁴ Other cities are also struggling to address the needs of the homeless population. In many major cities, organizations that serve the homeless rely on volunteers who are not willing or able to work during the pandemic.⁵

The state of California, which has the largest homeless population of any state, is primarily focused on finding shelter and providing space for quarantining individuals who might be sick.⁶ Governor Gavin Newsom explained his state’s aggressive actions in this way: “Helping these residents is critical to protecting public health, flattening the curve, and slowing the spread of COVID-19.”

Discussion Questions

Why do you think homeless people are so vulnerable to the spread of this virus?
How should state and local governments address the spread of the virus among the homeless population?
How high a priority should protecting the homeless population be? Why?
Should the federal government do more & take steps to help states or to support the homeless population?
Do you think governments do enough to protect or assist homeless people? Why or why not?
Do you think shelter is a human right? Explain your reasoning.

Sources

Featured Image Credit: Brian van der Brug; Los Angeles Times

[1] Washington Post: https://www.washingtonpost.com/national/its-too-many/2020/03/21/7f2469d0-6bb1-11ea-b313-df458622c2cc_story.html

[2] Los Angeles Times: https://www.latimes.com/homeless-housing/story/2020-03-22/coronavirus-pandemic-homeless-outreach-shelters

[3] ABC 7 New York: https://abc7ny.com/society/jersey-city-offering-showers-meals-hygiene-kits-to-homeless/6045739/

[4] Houston 11: https://www.khou.com/article/news/health/coronavirus/homeless-man-who-tested-positive-for-covid-19-at-houston-hospital-released-back-onto-streets/285-394a71c2-7791-40e1-8ce7-80775db55fb5

[5] NBC Dallas Fort Worth: https://www.nbcdfw.com/news/coronavirus/homeless-services-in-dallas-pushed-to-limits-due-to-coronavirus/2337482/

[6] The Hill: https://thehill.com/changing-america/respect/poverty/488661-california-takes-precautions-to-keep-homeless-population

[7] Ibid.

Coronavirus, Prisons, and Detention Centers

Posted on March 24, 2020February 13, 2023 by Scot Wilson

In the face of the spreading COVID-19 pandemic, government officials and medical experts are calling on people all over the world to practice social distancing.¹ In general, this means canceling events and gatherings, avoiding large groups and crowds, and, when possible, staying home.

Many people are working from home,² schools have closed or moved online,³ and businesses such as shopping malls⁴ and movie theaters⁵ have closed their doors.

However, for some populations, social distancing is not possible. This crisis is raising questions about what to do with people who are detained or in prison. Iran has released more than 80,000 prisoners to slow the spread of COVID-19.⁶ Officials in the United Kingdom are considering releasing prisoners, as estimates suggest that as many as 800 inmates may die if no steps are taken.⁷ New Jersey is considering releasing as many as 1,000 inmates in order to curb the outbreak,⁸ and several local and county governments have already taken similar steps at a smaller scale.⁹

READ: “Prisons And Jails Change Policies To Address Coronavirus Threat Behind Bars” from NPR

Inmates in New York City—one of the areas hardest hit by the outbreak—have already tested positive for COVID-19.¹⁰ Some public health experts have argued that prisons could be a hotspot for the virus, and have urged rapid, drastic action to slow the spread.¹¹ But some prosecutors and elected officials, concerned about community safety, have argued that governments must be cautious about releasing inmates. They argue that prisons should instead take additional measures to protect inmates, improve access to hygiene, and provide better care.¹²

Some policymakers and advocates have also raised concerns about the nearly 40,000 people being held in Immigration and Customs Enforcement (ICE) detention centers.¹³ One group has filed a lawsuit asking for the release of families in three federal detention centers in Texas, alleging that the government has not taken the necessary steps to prevent a viral outbreak in the detention centers.¹⁴

Thus far, none of the people being held in the centers has tested positive for COVID-19, but one ICE employee who works in multiple centers did test positive.¹⁵ Attorneys and advocates for the detained families argue that there has been very little testing, so it is not possible to say whether or not the virus is spreading in one or more of the detention centers.¹⁶

While many citizens are rightly concerned about their own safety and the safety and health of friends and family members in these times, policymakers, elected officials, experts, and advocates are debating what to do about COVID-19 in prisons and detention centers. One big question facing decision-makers is: “Is social distancing a right?”

Discussion Questions

Imagine being stuck in close proximity with hundreds of strangers during an outbreak. How do you think you would navigate this difficult time?
Do you think the government should release prisoners in order to slow or prevent an outbreak? How should officials decide who to release?
Do you think the government should release immigrant families who are being detained in order to prevent an outbreak?
How does your answer to the two questions above relate to your overall opinions about mass incarceration and immigration?
Do you believe that social distancing should be considered a right during this pandemic? Who else, besides prisoners and detainees, is unable to practice social distancing?

Sources

Featured Image Credit: Michael Kirby Smith, The New York Times/Redux

[1] Johns Hopkins Medicine: https://www.hopkinsmedicine.org/health/conditions-and-diseases/coronavirus/coronavirus-social-distancing-and-self-quarantine